The enclosed software program on the distribution diskettes
are sub-licensed by Cogent Real-Time Systems, Inc. to the end-user for their use
only on the terms below. Accepting and using these software
programs indicate an acceptance of these terms.
Grant of License. Cogent Real-Time Systems, Inc. ("COGENT") agrees to
grant you, the licensee ("LICENSEE"), a non-exclusive
license ("LICENSE") to the enclosed software program(s)
("SOFTWARE") subject to the terms and conditions of this
license agreement.
Copyright Restrictions.
The SOFTWARE and the
accompanying documentation are copyrighted and contain
trade secrets and other proprietary property of COGENT.
Unauthorized copying of the SOFTWARE and the accompanying
documentation are expressly forbidden. You shall only make
copies of the SOFTWARE when authorized to do so in writing
by COGENT. In addition to any other rights of COGENT,
COGENT has the right to terminate this license if you fail
to comply with any provision of the terms of this license.
You may be held legally responsible for any copyright
infringemenwhich is caused or encouraged by your failure
to abide by the terms of this license. Subject to the
restriction, you may make one (1) copy of the SOFTWARE
solely for backup purposes. You must reproduce and include
the copyright notice on the backup copy.
Use and Transfer Restrictions.
The single-processor
version(s) of the SOFTWARE is to be used on one (1) computer
only at any one time. The dual-processor versions of the
SOFTWARE may be used only two (2) computers at any one time.
You may not electronically transfer the SOFTWARE from one
computer to another over a network. You may not distribute
copies of the SOFTWARE and accompanying documentation to
others. You may transfer the license and the complete
package (the SOFTWARE and accompanying documentation) only
when authorized to do so. In no event are you allowed to
transfer, lease or sell the SOFTWARE on a temporary or
permanent basis without a written consent from COGENT.
Limited Warranty for Diskettes.
COGENT warrants to
the original LICENSEE that the diskettes on which the
SOFTWARE is recorded are free from defects in material and
workmanship under normal usage for a period of ninety (90)
days from the date of delivery as evidence by the sale
invoice. If during a period of ninety (90) days from the
date of delivery, any defect of the distribution diskette(s
) is found under normal use, replacement diskettes will be
shipped to the original LICENSEE.
Limited Liability. The
SOFTWARE and the accompanying documentation is "AS IS"
without warranty of any kind. Neither COGENT nor any third
parties connected with COGENT shall be liable for the cost
of any direct, indirect, incidental, or consequential
damages whatsoever, such as, but not limited to, loss of
anticipated benefits or profits resulting from the use of
the SOFTWARE or arising out of any breach of warranty. The
entire risk as to the results and performance of the
SOFTWARE is assumed by the LICENSEE upon accepting this
LICENSE.
Termination. The LICENSE
is effective until terminated. The LICENSE will be
terminated automatically if the LICENSEE has violated the
terms and conditions of this agreement. Upon termination
the LICENSEE is responsible for destroying the SOFTWARE and
accompanying documentation, together with all copies and
related material, if any.
Upon your use of this software or signature on the warranty
registration form you acknowledge that you have read this end-user
license agreement and understand and agree to the terms. You also
agree that this agreement is complete and supersedes any other
agreement that you may have related to the subject matter of this
agreement.